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The Public Order Bill ‘Fundamentally Threatens’ UK Democracy

By Emma Guy, Editor 15 Jun 2022
Discrimination, Institutions, Justice, Speech

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In the UK, there are several Bills and Acts that may threaten the right to free speech under UK and international law, including the Public Order Bill, The Police, Crime, Sentencing and Courts Act 2022, The Online Safety Bill to name a few. The right to free speech is protected under Article 10 of the the Human Rights Act (HRA) and under Article 19 of the Universal Declaration of Human Rights. Freedom of speech protects the right to express and disseminate opinions, ideas and information through any means, as well as providing a tool to hold authorities to account. Quinn McKew, Executive Director of advocacy group Article 19, tells us how the Public Order Bill threatens democracy in the UK. 

Article 19’s work defends the right for all voices to be heard, regardless of their status. The international advocacy group works to ensure that everyone can freely express themself and actively engage in public life without fear of discrimination. Article 19 speaks with one voice, through courts of law and through global and regional organisations.

McKew has a Master’s degree in Business Administration from Georgetown University, focusing on global non-profit management, and a Bachelor’s degree in International Relations and the Environment from Stanford University. Prior to joining Article 19 in 2020, she worked for the largest non-profit management consultancy in Europe and was a campaign manager for leading environmental organisations in the United States (US).

For McKew: “Freedom of expression is the ability to seek and impart information, to be informed, to be able to kind of raise your voice against injustice, or just for common issues that are important to you.”

"Protesting is our right to unite to make the world a better place".
"Protesting is our right to unite to make the world a better place".
Threats to freedom of expression in the UK

In his speech for the state opening of parliament, Prince Charles stated that in the next year the government would introduce a Bill of Rights. The announcement came after the government consulted the public, advocacy groups and human rights experts on its plans to scrap the Human Rights Act. The consultation itself was heavily criticised at the time for being inaccessible for many.

However, McKew wasn’t shocked by this; rather, she pointed out that we’ve seen similar scenarios play out in other countries:

“I’ve come from the United States. We’ve [the US] gone down a path for a number of years of fanning this idea of, like, a culture war, of trying to create the idea that there’s a right way of thinking and a wrong way of thinking. And, unfortunately, I’m seeing a lot of echoes of that in British society”.

McKew explained how she has observed changes in UK politics which are ‘incredibly worrying’. She explained: “We’re seeing a more authoritarian leaning government. So, restrictions of the right to protest, restrictions of the right to speech, the idea of othering your opponents, not as opponents, but as bad people. All of that is incredibly worrying that we see overall.”

Not only is free speech protected under UK and international human rights law, but the Right to Assembly (including to gather and protest) is also protected under Article 11 of the HRA: Freedom of Assembly and Association.

The Public Order Bill effectively makes it illegal to do that and then, finally, and yet, I think, most concerningly, it expands the ability of the police to stop and search individuals.
The Public Order Bill effectively makes it illegal to do that and then, finally, and yet, I think, most concerningly, it expands the ability of the police to stop and search individuals.
The Public Order Bill

One of the 38 Bills announced by Prince Charles in the Queen’s Speech was the Public Order Bill. However, it effectively revives previous clauses that were removed from the Police, Crime, Sentencing and Courts Act (2022), before it passed.

McKew explained: “The Public Order Bill is another version of a Bill that was previously struck down in the House of Lords. From our perspective, as a freedom of expression organisation, there are things in that, that are fundamentally problematic to the idea of a pluralistic, democratic and open society.”

Human rights experts and advocacy groups are concerned that a potential Public Order Act will restrict people’s right to protest. McKew explained how the current Bill, if passed through as an Act, will undermine people’s right to protest and debate.

McKew stated: “[The Public Order Bill includes things like] banning protests if they get too noisy and making it illegal for people to kind of chain themselves to buildings, or to obstruct people’s access in certain ways, which are fundamental ways that people draw attention to injustice, by making things uncomfortable for people. That’s the whole point of protest and demonstration and debate. They’re supposed to draw attention to themselves.”

People who refuse to acknowledge others' lived existence are perpetuating an injustice against them.
Credit: Alisdaire Hickson/Flickr
People who refuse to acknowledge others' lived existence are perpetuating an injustice against them.
Gaslighting at an “epic level”

One of the key issues many advocacy groups are discussing is how we can begin to heal divisions in society to try and educate and change perceptions about human rights.

However, in order to begin to heal divisions, McKew explains that it is is vital to recognise how injustices are being carried out in our communities. McKew told us how communities have experienced ‘gaslighting’ by authorities and individuals who tell them that their lived experience didn’t take place. That it didn’t happen.

She stated: “One of the fundamental injustices that we’re seeing in the United Kingdom right now is the attempt to minimise kind of racism and discrimination by telling people that didn’t happen to you, because that doesn’t happen here in Britain. And it’s gaslighting at, like, an epic level. And I think we need to be really careful that what that’s doing is creating an environment where you’re fundamentally silencing people about their own lives.

However, McKew’s statement does lead us back to the question: how do we begin to heal divisions in our society?

McKew explained: “A lot of the problems in the world are rooted in insecurity and a lot of that insecurity can only be addressed by listening. You know, people who refuse to acknowledge others’ lived existence are perpetuating an injustice against them. And by pushing them away by saying that that’s not happening, because they refuse to actually listen to their experiences, that just leads to this increasing cycle of insecurity, which leads to kind of different levels of violence and intimidation and response.”

Human rights, by their definition, are supposed to be universal and indivisible. People shouldn't have to choose between having food and being tortured.
Human rights, by their definition, are supposed to be universal and indivisible. People shouldn't have to choose between having food and being tortured.
We must be more united than divided

While no human right should take priority over another, McKew explained that threats to freedom of expression under proposed legislation like the Public Order Bill puts UK democracy at risk. McKew stated: “…The ability to dissent, to debate, to call leaders into account, that is fundamentally an expressive act. And so, I’d say for democracy, freedom of expression is the most important human right.”

For democracy, freedom of expression is the most important human right at the moment. McKew explained:

“Human rights, by their definition, are supposed to be universal and indivisible. People shouldn’t have to choose between having food and being tortured. And so, I do think it’s really important to uphold that idea that there is no one right, that should necessarily be more important than the other.”

However, it’s not all bad news. Speaking to McKew, she wanted to remind people that we can reach across tables and barriers in the UK to find common ground, from which we can cause real change.

She stated: “There’s a lot that unites the United Kingdom: a sense of fairness, a sense of justice, support for incredibly important institutions like the NHS. Try and focus on those things where there’s common ground to build from right now”.

Understand what’s at stake and take action

“[I’d like] to remind people that voices have power: voices have power when they speak, and they can also have power when they’re silenced. So be sure you’re using the right voice at the right time to get your view of society across to fight for what you believe in. Understand what’s at stake and take action: reach out, fight, oppose.”

Are human rights threatened in your area? If something rights-related is happening in your local community that you think we should know about, we are keen to hear about your experience. Help us amplify voices from across the UK by dropping us a line by email at: editorial@eachother.org.uk

About The Author

Emma Guy Editor

Emma has a background in undercover and investigative journalism. For the last few years, she has co-created Investigation units for independent media outlets and produced investigative podcasts that lift the lid on injustices in the UK legal system. She is passionate about making investigations and human rights inclusive for audiences and works with grassroots movements and activists to do this. Outside of work, Emma is also a PhD candidate in Human Rights Law, investigating reproductive rights and trafficking in the UK and Europe.

Emma has a background in undercover and investigative journalism. For the last few years, she has co-created Investigation units for independent media outlets and produced investigative podcasts that lift the lid on injustices in the UK legal system. She is passionate about making investigations and human rights inclusive for audiences and works with grassroots movements and activists to do this. Outside of work, Emma is also a PhD candidate in Human Rights Law, investigating reproductive rights and trafficking in the UK and Europe.

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